A sheriff’s deputy with approximately 20 years of service had an industrial injury in 2022. The deputy remained on light-duty restrictions after returning to work in October 2024. Since the deputy’s prior team could not accommodate those restrictions, the county temporarily “loaned” the deputy to another team. Although the deputy performed some telephone intake duties similar to those the other deputies assigned to that team performed, the deputy had never completed the required testing and training, was not qualified to perform all the duties of the position, and was never appointed to the new position, which carried a 5.5% bonus.
The union argued that the deputy was entitled to the bonus because the deputy performed some of the same duties as the bonus-eligible deputies. LCW convinced the arbitrator that performing some duties of the position did not entitle the deputy to bonus pay since the deputy had never qualified for or been appointed to the bonus-level position.
The arbitrator noted that while the MOU expressly provided bonus pay when a non-bonus deputy provided qualifying relief for a deputy on a leave of absence for more than 20 days, the MOU did not provide that benefit for those—like the deputy at issue — who had a temporary light-duty assignment.
The arbitrator concluded that the deputy was not entitled to the 5.5% bonus. Since the parties could have negotiated, and remained free to negotiate, a provision providing bonus pay for temporary light-duty assignments, the arbitrator declined to add such a provision to the MOU.